Synopsis This work is a way to give an answer to the question of how it’s possible a solution to the problems raised by the electronic communications in the privacy and in the rights of personal data protection. What are the tools that the European Union gives to the individuals in case of a violation of these rights? We started a study about how our privacy can be violated by electronic communications and how they use our personal data. We did a deep study about the legal framework of the fundamentals rights in the European Union. We investigated the European legal framework of privacy and data protection, precisely the Directive 95/46/CE. We also showed the proposals of revision to this Directive. How the Court of Justice of the European Union has been decided about the subject in analysis? Finally, we put the question about the challenge of ambient intelligence and its repercussions in the privacy and data protection, noticing possible legal and technological solutions for the problems created by themselves.